Southern African Development Community Land Issues
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Southern African Development Community Land Issues
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Author : Ben Chigara
language : en
Publisher: Routledge
Release Date : 2013-03-01
Southern African Development Community Land Issues written by Ben Chigara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
This book constitutes volume one of a two volume examination of development community land issues in Southern Africa. In this volume, Ben Chigara undertakes a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC). It particularly focuses on intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. The book examines cultural, economic and political drivers at the core of SADC land issues, focusing on their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. Chigara shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. The book recommends a sophisticated systematic new approach to SADC land issues, which is developed in volume two, Re-conceiving Property Rights in the New Millennium. This book will be of great interest to students and researchers of Property and Conveyancing Law, Human Rights Law and Land Law.
Southern African Development Community Land Issuesvolume I
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Author : Ben Chigara
language : en
Publisher:
Release Date : 2013-04-11
Southern African Development Community Land Issuesvolume I written by Ben Chigara and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Law categories.
This book constitutes Volume I of a set of two Volumes. Volume I attempts a holistic inter-disciplinary evaluation of the legitimacy of colonial and emergent post-colonial rule property rights in affected States of the Southern African Development Community (SADC) in light of intensifying litigation in national courts, the SADC Tribunal, and more recently the Washington based International Centre for the Settlement of Investment Disputes (ICSID) regarding counter claims to title to property. Cultural, economic and political drivers at the core of SADC land issues are examined for their significance and potential to contribute to the discovery of a new, sustainable land relations policy that guarantees social justice in the distribution of all the advantages and disadvantages relating to the allocation and use of land. The book shows that persistent systematic administrative failures by pre-colonial, colonial and post-colonial authorities have made for a very complex challenge that requires Solomonic tools that neither the Courts alone, nor human rights centric morality alone could resolutely attend. Therefore, the book recommends a sophisticated systematic new approach to SADC land issues. That approach is developed in Volume II of this series: Re-conceiving Property Rights in the new millennium - Towards a New Sustainable Land Relations Policy.
Re Conceiving Property Rights In The New Millennium
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Author : Ben Chigara
language : en
Publisher: Routledge
Release Date : 2013-03-01
Re Conceiving Property Rights In The New Millennium written by Ben Chigara and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-01 with Law categories.
This book constitutes volume two of a two volume examination of development community land issues in Southern Africa. Following from volume one Southern African Development Community Land Issues, this book considers the possibility of a new, sustainable land relations policy for Southern African Development Community States (SADC) that are currently mired up in land disputes that have become subject of domestic, regional and international tribunals. Chigara demonstrates that land relations in the SADC have always been, and will perhaps remain, a matter for constitutional regulation. Because constitutional laws are distinctive from other laws only by constitutional design, legal contests appear to be the least likely means for settlement in the sub-region. Only human rights inspired policies, that respond to the call for social justice by acknowledging both the current and the underlying contexts to the disputes, hold the most potential to resolve these disputes. The book recommends efficient pedagogical counter-apartheid-rule psychological distortions regarding the significance of human dignity (PECAPDISH) as a pre-requisite and corollary to the dismantling of the salient physical legacy of apartheid-rule in affected SADC States. The book shows that PECAPDISH’s potential and benefits would be enormous. The book will be of interest to students and researchers of Property and Conveyancing Law, Human Rights Law, and Land Law.
Region Building In Southern Africa
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Author : Chris Saunders
language : en
Publisher: Zed Books Ltd.
Release Date : 2013-07-04
Region Building In Southern Africa written by Chris Saunders and has been published by Zed Books Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Political Science categories.
How successful have Southern African states been in dealing with the major issues that have faced the region in recent years? What could be done to produce more cohesive and effective region-building in Southern Africa? In this original and wide-ranging volume, which draws on an interdisciplinary team of mainly African and African-based specialists, the key political, socio-economic, and security challenges facing Southern Africa today are addressed. These include the various issues confronting the Southern African Development Community (SADC) and its institutions; such as HIV/AIDS, migration and xenophobia, land-grabbing and climate change; and the role of the main external actors involved with the region, including the United Nations, the European Union, the United States, and China. The book also looks at the Southern African Customs Union and Southern African Development Finance Institutions, including the Development Bank of Southern Africa and Industrial Development Corporation, and issues of gender and peacebuilding. In doing so, the book goes to the heart of analyzing the effectiveness of SADC and other regional organisation, suggesting how region-building in Southern Africa may be compared with similar attempts elsewhere in Africa and other parts of the world.
The Problem Of Defining Community
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Author : Thembela Kepe
language : en
Publisher: Programme for Land & Agrarian Studies School of Government University of Western Cape
Release Date : 1998-01-01
The Problem Of Defining Community written by Thembela Kepe and has been published by Programme for Land & Agrarian Studies School of Government University of Western Cape this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Land reform categories.
Who Is Doing What On Land Rights Issues In Southern Africa
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Author : Radovan Korda
language : en
Publisher:
Release Date : 2001
Who Is Doing What On Land Rights Issues In Southern Africa written by Radovan Korda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Land tenure categories.
Conservation Land Conflicts And Sustainable Tourism In Southern Africa
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Author : Regis Musavengane
language : en
Publisher: Routledge
Release Date : 2022-05-11
Conservation Land Conflicts And Sustainable Tourism In Southern Africa written by Regis Musavengane and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-11 with Business & Economics categories.
This book examines the nexus between conservation, land conflicts, and sustainable tourism approaches in Southern Africa, with a focus on equity, access, restitution, and redistribution. While Southern Africa is home to important biodiversity, pristine woodlands, and grasslands, and is a habitat for important wildlife species, it is also a land of contestations over its natural resources with a complex historical legacy and a wide variety of competing and conflicting issues surrounding race, cultural and traditional practices, and neoliberalism. Drawing on insights from conservation, environmental, and tourism experts, this volume presents the nexus between land conflicts and conservation in the region. The chapters reveal the hegemony of humans on land and associated resources including wildlife and minerals. By using social science approaches, the book unites environmental, scientific, social, and political issues, as it is imperative we understand the holistic nature of land conflicts in nature-based tourism. Discussing the management theories and approaches to community-based tourism in communities where there are or were land conflicts is critical to understanding the current state and future of tourism in African rural spaces. This volume determines the extent to which land reform impacts community-based tourism in Africa to develop resilient destination strategies and shares solutions to existing land conflicts to promote conservation and nature-based tourism. The book will be of great interest to students, academics, development experts, and policymakers in the field of conservation, tourism geography, sociology, development studies, land use, and environmental management and African studies.
Land Tenure Challenges In Africa
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Author : Horman Chitonge
language : en
Publisher: Springer Nature
Release Date : 2022-01-01
Land Tenure Challenges In Africa written by Horman Chitonge and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-01 with Science categories.
This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.
Community Of Insecurity
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Author : Dr Laurie Nathan
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2013-04-28
Community Of Insecurity written by Dr Laurie Nathan and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-28 with Political Science categories.
Exploring the formation, evolution and effectiveness of the regional security arrangements of the Southern African Development Community (SADC), Nathan examines a number of vital and troubling questions: ∗ why has SADC struggled to establish a viable security regime? ∗ why has it been unable to engage in successful peacemaking?, and ∗ why has it defied the optimistic prognosis in the early 1990s that it would build a security community in Southern Africa? He argues that the answers to these questions lie in the absence of common values among member states, the weakness of these states and their unwillingness to surrender sovereignty to the regional organization. Paradoxically, the challenge of building a co-operative security regime lies more at the national level than at the regional level. The author's perspective is based on a unique mix of insider access, analytical rigour and accessible theory.
Land Reform Policy
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Author : Ben Chigara
language : en
Publisher: Ashgate Publishing
Release Date : 2004
Land Reform Policy written by Ben Chigara and has been published by Ashgate Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
It is argued in this volume that inequitable land distribution is the largest single issue threatening the Southern African Development Community (SADC) states' transition to democratic governance and its subsequent social, economic and political changes. The text examines problems with land rights and land claims in 21st-century SADC states. In particular, the legitimacy of counter-claims of title to real property, linked to conversion from oral governance before colonization to formal record governance after colonization, is analysed. The author examines the phenomenon of social change as an impetus for development of social conceptions of justice and, with it, substantive norms of law relating to ownership of real property. After outlining the issues, Land Reform Policy presents a theoretical model for interpreting the requirements of justice to be applied in the aftermath of fundamental change. The challenges facing the SADC states provide lessons for many other nations, whose governments have continuing social injustices rooted in counter-claims to land to contend with.